RED KP
30-June-2021
We obviously would have these words “State emergency” or “President Rule" some time or the other maybe through our social media platforms, newspapers, news channels, etc. In this shot, we'll discuss the aspects of this article in a manner as brief as possible.
1-What is the “President Rule”?
-It looks like a long answer question in our class 10 board exams but the answer is very simple.
There is a clear construction as per Article 356 of the Indian constitution (Haha, some engineer instincts) that "In the case where the constitutional machinery has failed in the states, it is the duty of the “UNION” to see the smooth functioning of the Constitutional machinery of the concerned state. It can function like a yellow card that is a warning to that concerned state."
-As far as presidential powers are concerned-"if he is satisfied that a situation has arisen in which the government of the state cannot be carried on by the provisions of the Constitution".
2- The provisions:-
- By the imposition of this rule, the Council of Ministers would not exist. The Vidhan Sabha would be either dissolved or prorogued (In Layman's terms considered to be shelved or postponed).
- The state would fall under the direct control of the Union government, and the Governor would continue to head the proceedings, representing the President of India – who is the Head of the State.
-The imposition requires the backing of both houses of Parliament.
- If approved, it can go on for six months. However, the rule cannot be extended for more than three years and such extension proposals need to be tabled before the two houses every six months for approval.
3-Background
The original trace of this provision is found in Section 93 of the Government of India Act, 1935. This provision faced strict opposition from the freedom struggle leaders back in the day and age, the British government suspended it. However, this provision was incorporated into the Constitution as a measure to preserve the stability of the structure in the post-independent era.
4-But has it been misused?
As we know every act or provision gets misused, this emergency provision also has been misused:-
-Concerning the Sarkaria Committee tabled in 2015, it was noted that since independence, this yellow card has been invoked over 100 times. In most of these scenarios, it was used for political considerations rather than any genuine consideration being involved.
- Under the regime of former Prime Minister Indira Gandhi, Article 356 has been invoked 27 times to remove majority governments on the grounds of political stability, absence of a clear mandate or withdrawal of support, etc.
- In 1977, the Janata government removed nine state Congress governments, when they formed the government for the first time by invoking this provision
- Manipur has witnessed the most frequent application of Article 356 due to the deep-rooted internal politics of the state, as well as the prolonged periods of violence (Both logically would find some connection).
- The states of Uttar Pradesh and Bihar, which happen to be politically imperative with their divided polity, have been on the centre’s radar.
-But the misuse angle has now been curbed up to an extent due to the landmark judgment of the case “S.R. BOMMAI VS UNION OF UNDIA” which again is a separate story to be discussed.
Coming soon...
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